Defendants Fighting Website Accessibility Cases Face An Uphill Battle In 2018
Seyfarth Synopsis: Plaintiffs secure a second judgment in a federal website accessibility lawsuit while most of the others successfully fended off motions to dismiss. 2018 has been a bad year for most businesses that have chosen to fight website accessibility cases filed under Title III of the ADA. Plaintiffs filing in federal court secured their second judgment on the merits in a website accessibility lawsuit, bringing the federal court judgment score to 2-0 in their favor. Additionally, in twenty-one cases where defendants filed early motions to dismiss, judges have allowed eleven to move forward. While a forty percent dismissal rate doesn’t seem bad, most of the cases that were dismissed had a common set of unique facts that most defendants don’t have. Below is a rundown of the most noteworthy 2018 cases and trends. At the end of August, Southern District of Florida Judge Marcia Cooke issued the second judgment on the merits in a federal court website accessibility laws